Facts

On Aug. 18, 2007, Virginia Hernandez-Lopez, an employee of defendant Bum Steer Restaurants Inc., dba Rongbranch Restaurant and Saloon, (Rongbranch) drank several shots of tequila while at work. She left work intoxicated and drove on Highway 78, west of Julian, and collided with Allan Wolowsky's vehicle. Allan Wolowsky died at the scene of the collision. His wife, Sandra Wolowsky, had been driving a vehicle just behind her husband's and was witness to his death. Sanrda Wolowsky filed suit against Rongbranch for wrongful death, negligence, and negligent infliction of emotional distress, based on a theory of vicarious liability.

Rongbranch demurred, but was overruled. Rongbranch's subsequent motion for summary judgment was also denied.

PLAINTIFF'S CONTENTIONS:
Sandra Wolowsky contended that Rongbranch was vicariously liable for its employee's negligence. Sandra Wolowsky offered testimony from Rongbranch employees and customers that drinking on the job was customary and this was done with the employer's consent. Furthermore, she contended that the applicable civil immunity statutes did not apply in cases of respondeat superior.

DEFENDANT'S CONTENTIONS:
Rongbranch claimed that it was immune from liability under Civil Code Section 1714 and Business and Professions Code Section 25602.

Settlement Discussions

Sandra Wolowsky demanded Rongbranch's full policy limit of $1 million.

Result

The parties settled for policy limits.